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96 Cards in this Set
- Front
- Back
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Sources of Regulation
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Courts, legislatures, and bar of each state
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Admission to the Legal Profession
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**Any prereq must bear a rational relationship to teh applicant's fitness or capacity
(1) Educational Requirements (2) Bar Exam (3) Citizenship (4) Residency Requirements (5) Character Requirements |
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MRPC 8.4: Misconduct
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It is professional misconduct for a lawyer to:
(a) violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation; (d) engage in conduct that is prejudicial to the administration of justice; (e) state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law; or (f) knowingly assist a judge or judicial officer in conduct that is a violation of applicable rules of judicial conduct or other law. |
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Disciplinary Procedure
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(a) Complaint
(b) Screening/Hearing (RTC and Cross is invoked as well as 5th amendment) |
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Forms of Disciplinary Sanctions
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(a) Disbarment
(b) Suspension (c) Public or Private Remand **For purposes of Sanctions and Discipline, each court system is considered a separate, autonomous unit. |
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MRPC 8.5: Jurisdiction
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A lawyer admitted to practice in this jurisdiction is subject to the disciplinary authority of this jurisdiction although engaged in practice elsewhere. A lawyer not admitted
in this jurisdiction is also subject to the disciplinary authority of this jurisdiction if the lawyer advertises, provides or offers to provide any legal services to be performed in this jurisdiction. A lawyer may be subject to the disciplinary authority of both this jurisdiction and another jurisdiction for the same conduct. |
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Practice in Multiple States: Choice of Law
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Court will apply the rules of the juurisdiction in which it sits, unless the court's rules provide otherwise.
If the lawyer is licensed to practice in more than one state, the rules that will apply are those of the state in which the lawyer principally practices. |
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MRPC 5.5: Unauthorized Practice of Law
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A lawyer shall not:
(a) practice law in a jurisdiction where doing so violates the regulation of the legal profession in that jurisdiction; or (b) assist a person who is not a member of the bar in the performance of activity that constitutes the unauthorized practice of law. |
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MS: Pro Hac Vice Practice [MRAP 46(b)]
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To be admitted pro hac vice, a lawyer must:
(a) be of good moral character and be familiar with ethical, procedural, and substantive rules governing MS Practice (b) be subject to the jurisdiction of MS courts in any matter arising out of conduct (c) associate local MS counsel who must participate in all stages and (d) file a verified application for admission with clerk of MSSC for pro hac vice admission **A lawyer cannot be admitted for no more than 5 matters in a 12 month period **Must identify on application all cases in which the lawyer has previously been admitted pro hac vice and the disposition of those cases. |
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Exceptions to the jurisidictional boundaries of practice
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(1) Pro hace vice appearance
(2) Clients involved in multi state business (3) Multistate law partnerships (4) Practice before federal administrative agencies |
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Model Rule 5.7: Law Related Ancillary Services
**Not adopted in MS |
Lawyers are permitted to provide law-related services to clients that might be reasonably performed in conjunction with (and are related to) the provision of legal services and not prohibited as unauthorized practice when provided by a non-lawyer.
Examples include: (a) financial planning (b) accounting (c) trust services (d) real estate counseling (e) tax return preparation |
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Rule 7.5: Firm Names and Letterheads
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-L shall not use a firm name, letterhead, or other professional designation that violates 7.1. A trade name may be used by a lawyer in private practice if it does not imply a connection with a gov't agency or with a public or charitable legal services organization.
*If offices in more than one jurisdiction, may use the same name in each, but must state jurisdictional limitations **Name of lawyer holding public office must not be in the name of a law firm |
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MRPC 5.4: Professional Independence of a Lawyer
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**Lawyer may not partner with a nonlawyer if any of the services include the practice of law
**No sharing of legal fees with non-lawyers unless one of the exceptions **A lawyer shall not permit a person who recommends, employs, or pays the lawyer to render legal services for another to direct or regulate the lawyer's professional judgment in rendering such legal services. **A lawyer shall not practice with or in the form of a professional corporation or association authorized to practice law for a profit, if: (1) a nonlawyer owns any interest therein, except that a fiduciary representative of the estate of a lawyer may hold the stock or interest of the lawyer for a reasonable time during administration; (2) a nonlawyer is a corporate director or officer thereof; or (3) a nonlawyer has the right to direct or control the professional judgment of a lawyer. |
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Exceptions to Fee Sharing in Rule 5.4
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(1) an agreement by a lawyer with the lawyer's firm, partner, or associate may provide for the payment of money, over a reasonable period of time after the lawyer's death, to the lawyer's estate or to one or more specified persons;
(2) a lawyer who purchases the practice of law of a deceased, disabled or disappeared lawyer may pursuant to the provisions of Rule 1.17, pay to the estate or other representative of that lawyer the agreed-upon purchase price; and (3) a lawyer or law firm may include nonlawyer employees in a compensation or retirement plan, even though the plan is based in whole or in part on a profit-sharing arrangement. |
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MRPC 6.3: Membership in Legal Services Organization
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A lawyer may serve as a director, officer or member of a legal services organization,
apart from the law firm in which the lawyer practices, notwithstanding that the organization serves persons having interests adverse to a client of the lawyer. -The lawyer shall not knowingly participate in a decision or action of the organization: (a) if participating in the decision would be incompatible with the lawyer's obligations to a client under Rule 1.7; or (b) where the decision could have a material adverse effect on the representation of a client of the organization whose interests are adverse to a client of the lawyer. |
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MPRC 5.1: Responsiblity of Supervisory Lawyers
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A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable
efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the rules of professional conduct. A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the rules of professional conduct. **A lawyer shall be responsible for another lawyer's violation of the rules of professional conduct if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner in the law firm or has comparable managerial authority in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. |
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MPRC 5.3: Responsibility of Nonlawyer Assistants
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With respect to a non-lawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the person's conduct is compatible with the professional obligations of the lawyer; (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer; (c) a lawyer shall be responsible for conduct of such a person that would be a violation of the rules of professional conduct if engaged in by a lawyer if: (1) the lawyer orders or, with the knowledge of the specific conduct, ratifies the conduct involved; or (2) the lawyer is a partner or has comparable managerial authority in the law firm in which the person is employed, or has direct supervisory authority over the person, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action. |
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MPRC 5.2: Responsibility of a Subordinate Lawyer
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(a) A lawyer is bound by the rules of professional conduct notwithstanding that the
lawyer acted at the direction of another person. (b) A subordinate lawyer does not violate the rules of professional conduct if that lawyer acts in accordance with a supervisory lawyer's reasonable resolution of an arguable question of professional duty. |
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MPRC 5.6: Restrictions on Right to Practice
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A lawyer shall not participate in offering or making:
(a) a partnership or employment agreement that restricts the rights of a lawyer to practice after termination of the relationship, except an agreement concerning benefits upon retirement; or (b) an agreement in which a restriction on the lawyer's right to practice is part of the settlement of a controversy between private parties. |
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MPRC 1.17: Sale of a Law Practice
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A lawyer or law firm may sell or purchase a law practice including good will if the
conditions set forth in Rule 1.17 are satisfied. The estate of a deceased, disabled or disappeared lawyer may be a seller: 1.) The selling lawyer or law firm ceases to engage in the private practice of law in the geographic area wherein the practice has been conducted; 2.) The practice is sold as an entirety to another lawyer or law firm; 3.) Actual written notice is given to each of the seller’s clients regarding: -the proposed sale; -the client’s right to retain other counsel or take possession of the file; and -the fact that the client’s consent to the sale will be presumed if the client does not take any action or does not otherwise object within ninety (90) days of the receipt of the notice. If a client cannot be given notice, the representation of that client may be transferred to the purchaser only upon entry of an order so authorizing by any court having jurisdiction. The seller may disclose to the court in camera information relating to the representation only to the extent necessary to obtain an order authorizing the transfer of the file. **Fees charged to clients will not be raised due to sale |
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Regulation of Commercial Speech (Three Prong Test)
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(1) Government must assert a substantial interest in support of its regulation
(2) Government must demonstrate that the restriction on commercial speech directly and materially advances the interest; and (3) Regulation must be narrowly drawn |
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MRPC 7.1: Communications Concerning a Lawyer's Services
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A lawyer shall not make or permit to be made a false, misleading, deceptive or unfair
communication about the lawyer or lawyer's services. A communication violates this rule if it: (a) Contains a material misrepresentation of fact or law or omits a fact necessary to make the statement considered as a whole not materially misleading, or (b) Creates an unjustified, false or misleading expectation about results the lawyer can achieve, or states or implies that the lawyer can achieve results by means that violate these rules or other law; or (c) states or implies that the lawyer is able to influence improperly or upon irrelevant grounds any tribunal, legislative body, or public official; or (d) Compares the lawyer's services with other lawyers' services unless the comparison can be factually substantiated. |
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MRPC 7.2: Advertising
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**lawyer who advertises a specific fee or range of fees for a particular service shall honor the advertised fee or range of fees for at least 90 days unless the advertisement
specifies a longer period; provided that for advertisements in the yellow pages of telephone directories or other media not published more frequently than annually, the advertised fee or range of fees shall be honored for no less than one year following publication **All advertisements and written communications provided for under these rules shall disclose the geographic location by city and state of one or more offices of the lawyer or lawyers whose services are advertised or shall state that additional information about the lawyer or firm can be obtained by contacting the Mississippi Bar at a number designated by the Bar and included in the advertisement. **All advertisements and written communications pursuant to these Rules shall include the name of at least one lawyer or the lawyer referral service responsible for their content. A lawyer shall not advertise services under a name that violates the provisions of Rule 7.7. **No lawyer shall directly or indirectly pay all or a part of the cost of an advertisement by a lawyer not in the same firm unless the advertisement discloses the name and address of the nonadvertising lawyer, the relationship between the advertising lawyer and the nonadvertising lawyer, and whether the advertising lawyer may refer any case received through the advertisement to the nonadvertising lawyer. |
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Not Violations under Rule 7.2 Advertising [Mississippi]
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The following information in advertisements and written communications shall be
presumed not to violate the provisions of Rule 7.1: (1) Subject to the requirements of this Rule and Rule 7.7, the name of the lawyer or law firm, a listing of lawyers associated with the firm, office addresses and telephone numbers, office and telephone service hours, and a designation such as "attorney" or "law firm." (2) Date of admission to The Mississippi Bar and any other Bars and a listing of federal courts and jurisdictions other than Mississippi where the lawyer is licensed to practice. (3) Foreign language ability. (4) Prepaid or group legal service plans in which the lawyer participates. (5) Acceptance of credit cards. (6) Fee for initial consultation and fee schedule, subject to the requirements of paragraph (b) of this Rule. (7) A listing of the name and geographic location by city and state of one or more offices of a lawyer or law firm as a sponsor of a public service announcement or charitable, civic or community program or event. **Nothing in this Rule prohibits the inclusion of the name of a lawyer or law firm in law lists and law directories intended primarily for the use of the legal profession of such information as has traditionally been included in these publications **Lawyer must not give anything of value to a person for recommending the lawyer's services except reasonable cost for advertising |
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MRPC 7.3: Direct Contact with Prospective Clients
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(a) A Lawyer shall not by in-person live telephone or real-time electronic contact solicit professional employment from a particular prospective client with whom the lawyer has no family, close personal, or prior professional relationship when a significant motive of the lawyer's doing so is the lawyer's pecuniary gain.
(b) A lawyer shall not solicit professional employment from a particular prospective client by written, recorded or electronic communication or by in-person , telephone or real time electronic contact even when not otherwise prohibited by paragraph (a), if: (1) Prospective client has made known to the lawyer the desire not to be solicited by the lawyer or (2) The solicitation involves coercion, duress or harassment. (c) Every written, recorded or electronic communication from a lawyer soliciting professional employment from a particular prospective client known to be in need of legal services in a particular matter, with whom the lawyer has no family, close personal, or prior professional relationship, shall include the words, "solicitation material" on the outside envelope or at the beginning and ending of any recorded communication. (d) Notwithstanding the prohibitions of paragraph (a), a lawyer may participate with a prepaid or group legal service plan operated by an organization not owned or directed by the lawyer which uses in-person or telephone contact to solicit memberships or subscriptions for the plan from persons who are not known to need legal services in a particular matter covered by the plan. |
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MPRC 7.4: Legal Service Information
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Each lawyer or law firm that advertises his, her or its availability to provide legal
services shall have available in written form for delivery to any potential client: (1) A factual statement detailing the background, training and experience of each lawyer or law firm. (2) If the lawyer or law firm claims special expertise in the representation of clients in special matters or publicly limits the lawyer's or law firm's practice to special types of cases or clients, the written information shall set forth the factual details of the lawyer's experience, expertise, background, and training in such matters. **any advertisement or written communication shall advise any potential client of the availability of the above information by prominently displaying in all such advertisements and communications the following notice: FREE BACKGROUND INFORMATION AVAILABLE UPON REQUEST. |
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Client Requests of Info under Rule 7.4
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Whenever a potential client shall request information regarding a lawyer or law
firm for the purpose of making a decision regarding employment of the lawyer or law firm: (l) The lawyer or law firm shall promptly furnish (by mail if requested) the written information described in paragraph (a) of this Rule. (2) The lawyer or law firm may furnish such additional factual information regarding the law firm deemed valuable to assist the client. **A copy of all information furnished to clients by reason of this Rule shall be retained by the lawyer or law firm for a period of five years after the last regular use of the information. |
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Requirements for Advertising under Rule 7.4
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Any factual statement contained in any advertisement or written communication or any information furnished to a prospective client under this Rule shall not:
(1) Be directly or inherently false or misleading; (2) Be potentially false or misleading; (3) Fail to disclose material information necessary to prevent the information supplied from being actually or potentially false or misleading; (4) Be unsubstantiated in fact; or (5) Be unfair or deceptive. |
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MPRC 6.1: Voluntary Pro Bono Public Service
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Each member of the Mississippi Bar in good
standing and not exempt hereunder, as part of the member’s professional responsibility, should (1) render pro bono legal services to the poor and (2) participate, to the extent possible, in other pro bono service activities that directly relate to the legal needs of the poor. |
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Discharge under 6.1 of Pro Bono Requirement
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The professional responsibility to provide pro bono legal services to the poor may be discharged by:
(1) annually providing at least 20 hours of pro bono legal services to the poor, or (2) annually providing at least 20 hours of pro bono legal services to charitable, religious, civic, community, governmental or educational organizations for the purpose of providing legal counsel and representation to the poor, or (3) making an annual contribution of at least $200 to the Mississippi Bar, which will be used by the Bar to provide legal services to the poor through legal aid organizations. |
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Collective Discharge under 6.1 of the Pro Bono Requirement
(did your firm fulfill your pro bono hours?) |
Each member of the bar should strive to individually satisfy the member’s professional responsibility to provide pro bono legal service to the poor.
Collective satisfaction of this professional responsibility is permitted by law firms only under a collective satisfaction plan that has been previously approved by The Mississippi Bar and only when providing pro bono legal services to the poor (1) in a major case or matter involving a substantial expenditure of time and resources; or (2) through a full-time community or public service staff, or (3) in any other manner that has been approved by The Mississippi Bar. |
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Exceptions to Rule 6.1 Pro Bono
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Those exempt from the provisions of this rule are:
(1) those lawyers who are restricted from practicing law outside their specific employment, (2) members of the judiciary and their staff, (3) other government lawyers who are prohibited from performing legal services by constitutional, statutory, rule, other regulatory prohibitions, or by employment policies, (4) attorneys employed in established Legal Services Programs, and (5)members of the bar who have acquired inactive or active exempt status or who are suspended. |
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6.1 Pro Bono Reporting & Compliance Requirement
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Each member of the bar shall annually certify whether
the member has satisfied the member’s professional responsibility to provide pro bono legal services to the poor. Each member shall certify this information through a form that is made a part of the member’s annual membership fees statement which shall require the member to report the following information: (1) the number of hours the attorney dedicated to pro bono legal services, (2) whether the attorney satisfied the obligation through a collective plan, the name or nature of that plan, and (3) if the attorney has satisfied the obligation by contribution, the amount of that contribution. *If the attorney has not provided pro bono legal services to the poor in the current year, the form shall so state, and the reason for non-compliance shall be stated. If the attorney is exempt from the obligation to provide pro bono services to the poor, the report shall so state and indicate the nature of the exemption. ***Reporting requirements are mandatory **If exceed more than 20 hours, the hours may be carried forward to the next year. |
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MRPC 1.14: Client Under a Disability
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(a) When a client's ability to make adequately considered decisions in connection with
the representation is impaired, whether because of minority, mental disability or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. (b) A lawyer may seek the appointment of a guardian or take other protective actionwith respect to a client, only when the lawyer reasonably believes that the client cannot adequately act in the client's own interest. (c) Information relating to the representation of a client who may be impaired is protected by Rule 1.6. When taking protective action pursuant to paragraph (b), the lawyer is impliedly authorized under Rule 1.6(a) to reveal information about the client, but only to the extent necessary to protect the client’s interest. |
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MPRC 1.7: Conflicts of Interest [General Rule]
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A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless the lawyer reasonably believes:
(1) the representation will not adversely affect the relationship with the other client; and (2) each client has given knowing and informed consent after consultation. **The consultation shall include explanation of the implications of the adverse representation and the advantages and risks involved. (b) A lawyer shall not represent a client if the representation of that client may be materially limited by the lawyer's responsibilities to another client or to a third person, or by the lawyer's own interests, unless the lawyer reasonably believes: (1) the representation will not be adversely affected; and (2) the client has given knowing and informed consent after consultation. The consultation shall include explanation of the implications of the representation and the advantages and risks involved. |
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Rule 1.8: Conflict of Interest [Prohibited Transaction]
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A lawyer shall not enter into a business transaction with a client or knowingly acquire an ownership, possessory, security or pecuniary interest adverse to a client unless:
(1) the transaction and terms on which the lawyer acquires the interests are fair and reasonable to the client and are fully disclosed and transmitted in writing to the client in a manner which can be reasonably understood by the client; (2) the client is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and (3) the client consents in writing thereto. (b) A lawyer shall not use information relating to representation of a client (1) to the disadvantage of the client, or (2) to the advantage of himself or a third person, unless the client consents after consultation. **Shall not prepare an instrument giving L or relative any substantial gift from client unless related to client |
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Rule 1.8 Conflict: Financial Assistance to Clients
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contemplated litigation, or administrative proceedings, except that:
1. A lawyer may advance court costs and expenses of litigation, including but not limited to reasonable medical expenses necessary to the preparation of the litigation for hearing or trial, the repayment of which may be contingent on the outcome of the matter; and 2. A lawyer representing a client may, in addition to the above, advance the following costs and expenses on behalf of the client, which shall be repaid upon successful conclusion of the matter. a. Reasonable and necessary medical expenses associated with treatment for the injury giving rise to the litigation or administrative proceeding for which the client seeks legal representation; and b. Reasonable and necessary living expenses incurred **shall be limited to $1,500 to any one party by any lawyer or group or succession of lawyers during the continuation of any litigation unless, upon ex parte application, such further payment has been approved by the Standing Committee on Ethics of the Mississippi Bar. |
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Rule 1.8 Conflict: Compensation from a Third Party
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(f) A lawyer shall not accept compensation for representing a client from one other
than the client unless: (1) the client consents after consultation; (2) there is no interference with the lawyer's independence of professional judgment or with the client-lawyer relationship; and (3) information relating to representation of a client is protected as required by Rule 1.6. (g) A lawyer who represents two or more clients shall not participate in making an aggregate settlement of the claims of or against the clients, or in a criminal case an aggregated agreement as to guilty or nolo contendere pleas, unless each client consents after consultation, including disclosure of the existence and nature of all the claims or pleas involved and of the participation of each person in the settlement. |
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Rule 1.8: Conflict--Limiting Liability of a Lawyer
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(h) A lawyer shall not make an agreement prospectively limiting the lawyer's liability
to a client for malpractice unless permitted by law and the client is independently represented in making the agreement, or settle a claim for such liability with an unrepresented client or former client without first advising that person in writing that independent representation is appropriate in connection therewith. |
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Rule 1.8: Conflict with Family and Interests
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**A lawyer related to another lawyer as parent, child, sibling or spouse shall not represent a client in a representation directly adverse to a person who the lawyer knows is represented by the other lawyer except upon consent by the client after consultation regarding the relationship.
A lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation the lawyer is conducting for a client, except that the lawyer may: (1) acquire a lien granted by law to secure the lawyer's fee or expenses; and (2) contract with a client for a reasonable contingent fee in a civil case. |
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MRCP 1.9: Conflict of Interest [Former Client]
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A lawyer who has formerly represented a client in a matter shall not thereafter:
(a) represent another in the same or a substantially related matter in which that person's interests are materially adverse to the interests of the former client unless the former client consents after consultation; or (b) use information relating to the representation to the disadvantage of the former client except as Rule 1.6 would permit with respect to a client or when the information has become generally known. |
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MRCP 2.2: Lawyer Serving as an Intermediary Between Clients
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A lawyer may act as an intermediary between clients if:
(1) L consults with each client concerning the implication of the common representation (2) L reasonably believes that the matter can be resolved on terms compatible with the clients' best interests. Little risk of material prejudice to the interests of any of the clients (3) L reasonably believes that the common representation can be undertaken impartially and without improper effect **Must withdraw as intermediary if any of the clients requests. |
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MRCP 3.7: Lawyer as a Witness
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(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a
necessary witness except where: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. (b) A lawyer may act as advocate in a trial in which another lawyer in the lawyer's firm is likely to be called as a witness unless precluded from doing so by Rule 1.7 or Rule 1.9. |
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MRCP 1.13: Organization as a Client
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**A lawyer employed or retained by an organization represents the organization
acting through its duly authorized constituents. |
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Rule 13: Misconduct of Employee (L's Obligation)
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If a lawyer for an organization knows that an officer, employee or other person
associated with the organization is engaged in action, intends to act or refuses to act in a matter related to the representation that is a violation of a legal obligation to the organization, or a violation of law which reasonably might be imputed to the organization, and is likely to result in substantial injury to the organization, the lawyer shall proceed as is reasonably necessary in the best interest of the organization. **In determining how to proceed, the lawyer shall give due consideration to the seriousness of the violation and its consequences, the scope and nature of the lawyer's representation, the responsibility in the organization and the apparent motivation of the person involved, the policies of the organization concerning such matters and any other relevant considerations. *Any measures taken shall be designed to minimize disruption of the organization and the risk of revealing information relating to the representation to persons outside the organization. **Such measures may include among others: (1) asking reconsideration of the matter; (2) advising that a separate legal opinion on the matter be sought for presentation to appropriate authority in the organization; and (3) referring the matter to higher authority in the organization, including, if warranted by the seriousness of the matter, referral to the highest authority that can act in behalf of the organization as determine by applicable law. **If consulting highest authority does not work, lawyer may resign under 1.16 |
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Rule 1.13: Identity of the Client
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In dealing with an organization's directors, officers, employees, members,
shareholders or other constituents, a lawyer shall explain the identity of the client when it is apparent that the organization's interests are adverse to those of the constituents with whom the lawyer is dealing. |
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Rule 1.13: Multiple Representation Withing Organization
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A lawyer representing an organization may also represent any of its directors,
officers, employees, members, shareholders or other constituents, subject to the provisions of Rule 1.7. If the organization's consent to the dual representation is required by Rule 1.7, the consent shall be given by an appropriate official of the organization other than the individual who is to be represented, or by the shareholders. |
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MRPC 1.10: Imputed Disqualification [General Rule]
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*While lawyers are associated in a firm, none of them shall knowingly represent a
client when any one of them practicing alone would be prohibited from doing so by Rules 1.7, 1.8(c), 1.9 or 2.4. *When a lawyer becomes associated with a firm, the firm may not knowingly represent a person in the same or a substantially related matter in which that lawyer, or a firm with which the lawyer was associated, had previously represented a client whose interests are materially adverse to that person and about whom the lawyer had acquired information protected by Rules 1.6 and 1.9(b) that is material to the matter. |
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Rule 1.10: Imputed Disqualification after Termination of a Lawyer
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When a lawyer has terminated an association with a firm, the firm is not prohibited from thereafter representing a person with interests materially adverse to those of a client represented by the formerly associated lawyer unless:
(1) the matter is the same or substantially related to that in which the formerly associated lawyer represented the client; and (2) any lawyer remaining in the firm has information protected by Rules 1.6 and 1.9(b) that is material to the matter. **Disqualification is waivable! |
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MRPC 1.11: Successive Government and Private Employment
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**lawyer shall not represent a
private client in connection with a matter in which the lawyer participated personally and substantially as a public officer or employee, unless the appropriate government agency consents after consultation. No lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in such a matter unless: (1) the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate government agency to enable it to ascertain compliance with the provisions of this rule. |
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Rule 1.11: Confidential Info Obtained as a Public Official
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**lawyer having information that
the lawyer knows is confidential government information about a person acquired when the lawyer was a public officer or employee, may not represent a private client whose interests are adverse to that person in a matter in which the information could be used to the material disadvantage of that person. A firm with which that lawyer is associated may undertake or continue representation in the matter only if the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom. |
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Rule 1.11: Lawyer Serving as Public Official
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a lawyer serving as a public officer or employee shall not:
(1) participate in a matter in which the lawyer participated personally and substantially while in private practice or nongovernmental employment, unless under applicable law no one is, or by lawful delegation may be, authorized to act in the lawyer's stead in the matter; or (2) negotiate for private employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially. |
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MRPC 1.12: Former Judge, Arbitrator, Mediator, or Other Third Party Neutral
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**a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, or law clerk to such person or as an arbitrator, mediator or other third-party neutral, unless all parties to the proceeding give informed consent confirmed in writing.
**shall not negotiate for employment with any person who is involved as a party or as an attorney for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer, or as a law clerk to such a person or as an arbitrator, mediator, or other third-party neutral ***If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless: (1) the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee therefrom; and (2) written notice is promptly given to the appropriate tribunal to enable it to ascertain compliance with the provisions of this rule. |
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MRPC 1.5: Fees
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A lawyer's fee shall be reasonable. The factors to be considered in determining
the reasonableness of a fee include the following: (1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly; (2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer; (3) the fee customarily charged in the locality for similar legal services; (4) the amount involved and the results obtained; (5) the time limitations imposed by the client or by the circumstances; (6) the nature and length of the professional relationship with the client; (7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and (8) whether the fee is fixed or contingent. |
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Rule 1.5: Regular Representation
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When the lawyer has not regularly represented the client, the basis or rate of the
fee shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation. |
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Rule 1.5: Contingent Fees
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**Shall be in writing
**Shall state method by which the fee is to be determined, including the percentage that shall accrue in event of settlement/trial/appeal, litigation and other expenses to be deducted, and whether expenses are deducted before or after fee is calculated. **At conclusion of contingent fee matter, provide client with written statement stating outcome of matter and show determination. **No contingent fees in domestic cases and criminal cases. |
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Rule 1.5: Fee Sharing
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A division of fee between lawyers who are not in the same firm may be made only
if: (1) the division is in proportion to the services performed by each lawyer or, by written agreement with the client, each lawyer assumes joint responsibility for the representation; (2) the client is advised of and does not object to the participation of all the lawyers involved; and (3) the total fee is reasonable. |
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MRPC 1.1: Competence
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A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for
the representation. **relevant factors include the relative complexity and specialized nature of the matter, the lawyer’s general experience, the lawyer’s training and experience in the field in question, the preparation and study the lawyer is able to give the matter and whether it is feasible to refer the matter to, or associate or consult with, a lawyer of established competence in the field in question. |
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MRPC 1.4: Communication
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(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation. |
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MRPC 1.6: Confidentiality of Information
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A lawyer shall not reveal information relating to the representation of a client
unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, unless disclosure permitted. Permitted to the extent the lawyer reasonably believes is necessary: (1) to prevent reasonably certain death or substantial bodily harm; (2) to prevent the client from committing a crime or fraud that is reasonably certain to result in substantial injury to the financial interest or property of another and in furtherance of which the client has used or is using the lawyer’s services; (3) to prevent, mitigate or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the client’s commission of a crime or fraud in furtherance of which the client has used the lawyer’s services; (4) to secure legal advice about the lawyer’s compliance with these rules; (5) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, to establish a defense to a criminal charge or civil claim against the lawyer based upon conduct in which the client was involved, or to respond to allegations in any proceeding concerning the lawyer's representation of the client. (6) to comply with other law or a court order |
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Corporation Confidentiality: Upjohn v. US
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When the client is a corporatio, privilege covers confidential communications between the attorney and a high-ranking corporate official
Covers privilege between attorney and other employee if: (1) Communicates with atty at direction of the employee's superior (2) Employee knows that the communication is to help corporation (3) Concerns a subject within the scope of employee's duties for corporation |
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A/C Privilege Limitations
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Does not apply to anything the attorney discovers on her own.
**IF the substance of the communication is revealed to another who is not a party to the privileged relationship, the privilege is destroyed. **EXCEPT for individuals who are necessary to enable the attorney to properly perform her duties. **Privilege extends to communication made in presence of such essential third parties. |
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Duration of Privilege
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**Continues indefinitely
**Termination of A/C relationship does not end the privilege **Continues even after death. |
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MRPC 2.3: Evaluation for Use by 3rd Persons
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A lawyer may undertake an evaluation of a matter affecting a client for the use of someone other than the client if:
(1) the lawyer reasonably believes that making the evaluation is compatible with other aspects of the lawyer's relationship with the client; and (2) The client gives informed consent in writing. |
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MRPC 1.15: Safekeeping Property
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**A lawyer shall hold clients’ and third persons’ property separate from the lawyer's own
property. Funds shall be kept in a separate trust account maintained in the state where the lawyer's office is situated, or elsewhere with the consent of the client or third person. Other property shall be identified as such and appropriately safeguarded. Complete records of such trust account funds and other property shall be kept and preserved by the lawyer for a period of seven years after termination of the representation. Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property |
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Rule 1.15: Possession and Maintainance of Property
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**When a lawyer is in possession of property in which both the lawyer and another person claim an interest, the property shall be kept separate by the lawyer until completion of an accounting and severance of their respective interests. If a dispute arises concerning their respective interests,
the lawyer shall disburse the portion not in dispute, and keep separate the portion in dispute until the dispute is resolved. **a lawyer or law firm shall create and maintain an interest- or dividend-bearing trust account (IOLTA Account) for all funds which are nominal or short term funds that cannot earn income for the client or third party in excess of the costs incurred to secure such income (IOLTA eligible Funds) |
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MRPC 2.1: Advisor
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In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client's situation.
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MRPC 1.2: Scope of Representation
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(a) A lawyer shall abide by a client's decisions concerning the objectives of
representation, subject to paragraphs (c), (d) and (e), and shall consult with the client as to the means by which they are to be pursued. A lawyer shall abide by a client's decision whether to accept an offer of settlement of a matter. In a criminal case, a lawyer shall abide by the client's decision, after consultation with the lawyer, as to a plea to be entered, whether to waive jury trial and whether the client will testify. (b) A lawyer's representation of a client, including representation by appointment, does not constitute an endorsement of the client's political, economic, social or moral views or activities (c) A lawyer may limit the objectives of the representation if the client gives informed consent. (d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that a lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning or application of the law. (e) When a lawyer knows that a client expects assistance not permitted by the Rules of Professional Conduct or other law, the lawyer shall consult with the client regarding the relevant limitations on the lawyer's conduct. |
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MRPC 4.2: Communication with Person Represented by Counsel
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In representing a client, a lawyer shall not communicate about the subject of the
representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so. EXCEPTIONS: (1) Lawyer does not have actual knowledge of representation (2) Communication authorized by law (3) Matters outside the representation |
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Rule 4.2: Application to Organization Clients
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Must get consent of the organization's counsel prior to communication with:
(1) person who has present managerial responsibility (2) person whose contact may be imputed to the organization for purposes of criminal or civil liability (3) person whose statements may constitute an admission |
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MRPC 4.3: Dealing with Unrepresented Persons
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In dealing on behalf of a client with a person who is not represented by counsel, a
lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer’s role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. The lawyer shall not give legal advice to an unrepresented person, other than the advice to secure counsel, if the lawyer knows or reasonably should know that the interests of such a person are or have a reasonably possibility of being in conflict with the interests of the client. In dealing on behalf of a client with a person who is not represented by counsel, a lawyer shall not state or imply that the lawyer is disinterested. When the lawyer knows or reasonably should know that the unrepresented person misunderstands the lawyer's role in the matter, the lawyer shall make reasonable efforts to correct the misunderstanding. |
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MRPC 4.4: Respect for Rights of Third Persons
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(a) In representing a client, a lawyer shall not use means that have no substantial
purpose other than to embarrass, delay, or burden a third person, or use methods of obtaining evidence that violate the legal rights of such a person. (b) A lawyer who receives a document relating to the representation of the lawyer’s client and knows or reasonably should know that the document was inadvertently sent shall promptly notify the sender. |
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MRPC 4.1: Truthfulness in Statements to Others
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In the course of representing a client a lawyer shall not knowingly:
(a) make a false statement of material fact or law to a third person; or (b) fail to disclose a material fact to a third person when disclosure is necessary to avoid assisting a criminal or fraudulent act by a client. |
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MRPC 3.1: Meritorious Claims and Contentions
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A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and in fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification or reversal of existing law.
A lawyer for the defendant in a criminal proceeding, or the respondent in a proceeding that could result in incarceration, may nevertheless so defend the proceeding as to require that every element of the case be established. |
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MRPC 3.2: Expediting Litigation
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A lawyer shall make reasonable efforts to expedite litigation consistent with the
interests of the client. |
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MRPC 3.3: Candor Toward the Tribunal
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A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal; (2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client; (3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures. **Duties continue to the end of the proceeding and apply even if complainance requires disclosure of information otherwise protected *May refuse to offer evidence believed to be false **In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer which will enable the tribunal to make an informed decision, whether or not the facts are adverse. |
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MRPC 3.4: Fairness to Opposing Party and Counsel
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L shall not:
(a) unlawfully obstruct another party's access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value. A lawyer shall not counsel or assist another person to do any such act; (b) falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law; (c) knowingly disobey an obligation under the rules of a tribunal except for an open refusal based on an assertion that no valid obligation exists; (d) in pretrial procedure, make a frivolous discovery request or fail to make reasonably diligent effort to comply with a legally proper discovery request by an opposing party; (e) in trial, allude to any matter that the lawyer does not reasonably believe is relevant or that will not be supported by admissible evidence, assert personal knowledge of facts in issue except when testifying as a witness, or state a personal opinion as to the justness of a cause, the credibility of a witness, the culpability of a civil litigant or the guilt or innocence of an accused; or (f) request a person other than a client to refrain from voluntarily giving relevant information to another party unless: (1) the person is a relative or an employee or other agent of a client; and (2) the lawyer reasonably believes that the person's interests will not be adversely affected by refraining from giving such information. |
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MRPC 3.5: Impartiality and Decorum of the Tribunal
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A lawyer shall not:
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law; (b) communicate ex parte with such a person during the proceeding unless authorized to do so by law or court order; (c) communicate with a juror or prospective juror after discharge of the jury if: ---the communication is prohibited by law or court order: or --- the juror has made known to the lawyer a desire not to communicate. (d) engage in conduct intended to disrupt a tribunal. |
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MRPC 3.9: Advocate in Non-Adjudicative Proceedings
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A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a
representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5. |
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MRPC 3.6:Trial Publicity
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**A lawyer shall not make an extrajudicial statement that a reasonable person would
expect to be disseminated by means of public communication if the lawyer knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding. |
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Rule 3.6 Trial Publicity: "Extrajudicial Statement" and Its Effect
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A statement referred to in paragraph (a) ordinarily is likely to have such an effect
when it refers to a civil matter triable to a jury, a criminal matter, or any other proceeding that could result in incarceration, and the statement relates to: (1) the character, credibility, reputation or criminal record of a party, suspect in a criminal investigation or witness, or the identity of a witness, or the expected testimony of a party or witness; (2) in a criminal case or proceeding that could result in incarceration, the possibility of a plea of guilty to the offense or the existence or contents of any confession, admission, or statement given by a defendant or suspect or that person's refusal or failure to make a statement; (3) the performance or results of any examination or test of the refusal or failure of a person to submit to an examination or test, or the identity or nature of physical evidence expected to be presented; (4) any opinion as to the guilt or innocence of a defendant or suspect in a criminal case or proceeding that could result in incarceration; (5) information the lawyer knows or reasonably should know is likely to be inadmissible as evidence in a trial and would if disclosed create a substantial risk of prejudicing an impartial trial; or (6) the fact that a defendant has been charged with a crime, unless there is included therein a statement explaining that the charge is merely an accusation and that the defendant is presumed innocent until and unless proven guilty. |
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Rule 3.6 Trial Publicity: Allowed Statements
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A lawyer involved in the investigation or litigation of a matter may state without elaboration:
(1) the general nature of the claim or defense; (2) the information contained in a public record; (3) that an investigation of the matter is in progress, including the general scope of the investigation, the offense or claim or defense involved and, except when prohibited by law, the identity of the persons involved; (4) the scheduling or result of any step in litigation; (5) a request for assistance in obtaining evidence and information necessary thereto; (6) a warning of danger concerning the behavior of a person involved, when there is reason to believe that there exists the likelihood of substantial harm to an individual or to the public interest; and (7) in a criminal case: -----the identity, residence, occupation and family status of the accused; -----if the accused has not been apprehended, information necessary to aid in apprehension of that person; -----the fact, time and place of arrest; and -----the identity of investigating and arresting officers or agencies and the length of the investigation. |
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MRPC 1.16: Declining or Terminating Representation
[Mandatory Withdrawal] |
A lawyer shall not represent a client or, where representation has commenced, shall withdraw from the representation of a client if:
(1) the representation will result in violation of the rules of professional conduct or other law; (2) the lawyer's physical or mental condition materially impairs the lawyer's ability to represent the client; or (3) the lawyer is discharged. |
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MRPC 1.16: Declining or Terminating Representation [Permissive Withdrawal]
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A lawyer may withdraw from representing a client if withdrawal can be accomplished without materially adverse effect on the
interests of the client, or if: (1) the client persists in a course of action involving the lawyer's services that the lawyer reasonably believes is criminal or fraudulent; (2) the client has used the lawyer's services to perpetrate a crime or fraud; (3) a client insists upon pursuing an objective that the lawyer considers repugnant or imprudent; (4) the client fails substantially to fulfill an obligation to the lawyer regarding the lawyer's services and has been given reasonable warning that the lawyer will withdraw unless the obligation is fulfilled; (5) the representation will result in an unreasonable financial burden on the lawyer or has been rendered unreasonably difficult by the client; or (6) other good cause for withdrawal exists. |
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Rule 1.16: Withdrawal Exceptions
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(c) When ordered to do so by a tribunal, a lawyer shall continue representation
notwithstanding good cause for terminating the representation. (d) Upon termination of representation, a lawyer shall take steps to the extent reasonably practicable to protect a client's interest, such as giving reasonable notice to the client, allowing time for employment of other counsel, surrendering papers and property to which the client is entitled and refunding any advance payment that has not been earned. The lawyer may retain papers relating to the client to the extent permitted by other law. |
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Political Contributions to Obtain Gov't Employment
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A lawyer or firm must not accept a gov't legal engagement or an appointment by a judge if the lawyer or firm makes or solicits a political contribution for the purpose of obtaining such employment or appointment
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MRPC 8.2: Judicial and Legal Officials
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(a) A lawyer shall not make a statement that the lawyer knows to be false or with
reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicating officer or public legal officer, or of a candidate for election or appointment to judicial or legal office. (b) A lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. |
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MRPC 3.8: Special Responsibilities of a Prosecutor
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(a) refrain from prosecuting a charge that the prosecutor knows is not supported by
probable cause; (b) make reasonable efforts to assure that the accused has been advised of the right to, and the procedure for obtaining, counsel and has been given reasonable opportunity to obtain counsel; (c) not seek to obtain from an unrepresented accused a waiver of important pretrial rights, such as the right to a preliminary hearing; (d) make timely disclosure to the defense of all evidence or information known to the prosecutor that tends to negate the guilt of the accused or mitigates the offense, and, in connection with sentencing, disclose to the defense and to the tribunal all unprivileged mitigating information known to the prosecutor, except when the prosecutor is relieved of this responsibility by a protective order of the tribunal; and (e) exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6. |
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MRPC 8.3: Reporting Professional Misconduct
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A lawyer having knowledge that another lawyer has committed a violation of the
Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority |
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CJC 1: Integrity and Independence
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An independent and honorable judiciary is indispensable to justice in our society. A judge should participate in establishing, maintaining, and enforcing high standards of conduct, and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved. The provisions of this Code should be construed and applied to further that objective.
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CJC 2(A): Avoidance of Impropriety
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A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the
judiciary. |
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CJC 2(B): Misuse of Judicial Prestige
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Judge may not lend the prestige of judicial office to advance the private interest of the judge or others
Judge must not allow family, social, political, or other relationships to interfere with the judge's conduct or judgments |
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CJC 2(B) Permissible Acts
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Permissible as long as the judge is sensitive to abuse of the prestige
(1) References and Recommendations (2) Sentencing and Probation Information (3) Character Witness |
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CJC 2(C): Judges' Membership
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A judge shall not hold membership in any organization that practices
invidious discrimination on the basis of race, gender, religion or national origin. |
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CJC 2(C): Discipline for Membership
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Can be disciplined for publicly manifesting a knowing approval of "indivious discrimination on any basis"
To warrant discipline the judge must: -know of the discrimination -publicly manifest approval of it When judge learns of discrimination in organization, judge must either resign or work to end discriminatory practice. |
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CJC 3(A): Judicial Duties in General
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The judicial duties of judges take precedence
over all their other activities. The judges’ judicial duties include all the duties of their office prescribed by law. |
